ELGBIAccessRightsFul.. - Communities and Local Government

Dialogue with CABx and CICsA legal 'needs gap' may exist in cases which the equality bodies are unable toassist. This needs gap could be filled by other stakeholders. Dialogue shouldtake place between the equality bodies, the CICs and the CABx, in eachrespective jurisdiction, with a view to supporting their capacity to provide secondtierspecialist legal advice in discrimination cases and examining the resourceimplications of any such development. Experience in Scotland could be drawnupon in this regard (Chapter 5.2.4).Investigations/Inquiries and References of Discriminatory PracticesIn light of the significant obstacles to individual litigation outlined in this report, theequality bodies should also consider how the full ambit of their powers might beutilised to challenge instances of discrimination and harassment where individuallitigation is unlikely. One of the stated goals of the EA (2006a, p.25) under itsthird and current strategic plan is to “test the full range of functions and powers” itenjoys “in order to assess and identify the most effective mix of these for theimplementation of its mandate.” In this connection it alludes to the conduct of asmall number of inquiries and equality reviews (ibid.). A corporate objective of theECNI is to “use our powers of promotion, advice, policy development, researchand enforcement effectively” (ECNI 2006d, p. 17).As noted in Chapter 4 both the EA and ECNI enjoy collective enforcementpowers designed to address systemic instances of discrimination. Considerationshould be paid to the strategic use of powers of investigation or inquiry in areaswhere SO discrimination may be present (Chapter 4.5.2). Evidence from otherjurisdictions is that such investigations can be effective, particularly whereindividual litigation is unlikely (Chapter 5). Further, the equality bodies’ power torefer ‘discriminatory practices’ to NI and ROI adjudication forums should beprobed (Chapter 4.5.4.3). The ECNI could also consider initiation of itsinvestigative powers in relation to the statutory equality duty. Participants in the204 See http://www.eoc-law.org.uk/Default.aspx?page=4274/143